IDAHO SECRETARY OF STATE
ELECTION DIVISION


YEAR 2000 PROPOSED BALLOT INITIATIVES

Contact Person / Organization   Jim Pratt
6650 McElroy Rd
Melba  ID  83641
(208) 495-2078
     
Status   Failed to qualify for ballot status.
     
Short Ballot Title   Initiative giving hunting/fishing license holders right to elect four out of five members of Idaho Fish and Game Commission.
     
Long Ballot Title   Initiative repealing current Idaho Code 36-102(b), (c), (d) and (e); limiting Fish and Game Commission to five members; authorizing governor to appoint one member; authorizing hunting/fishing license holders to elect four members; establishing qualifications for commissioners; establishing election procedures; establishing terms of office; designating commissioner districts; prescribing oath of office.
     
Attorney General Certificate of Review   Can be viewed by following this link to the Attorney General's web site.
     
Full Text   Whereas, the Idaho Department of Fish and Game is charged with managing the game and fish of the State of Idaho and are empowered to regulate and restrict the right to take game and fish; and whereas the sale of hunting and fishing licenses and appropriate tags and permits provides the primary source of funding for the department for the management of the game and fish of the state; Therefore, in order to ensure that the department shall remain responsive to the citizens of the state who desire to participate in hunting or fishing and who have obtained licenses for the pursuit of the hunting and fishing opportunities available in the state

Be It Enacted by the People of the State of Idaho:

That current Idaho Code Section 36-102 subsections (b), (c), (d), and (e) by repealed and be replaced with the following language:

36-102. Idaho fish and game commission ...

(b) Membership - Appointment - Election - Qualifications. The commission shall consist of five (5) members. The Governor shall appoint one (1) member. Four (4) members shall be elected by the holders of current valid resident hunting and/or fishing licenses of the state of Idaho. Each member shall hold office for a four (4) year term. No member shall hold any other elective or appointive office, state, county or municipal, or any office in any political party organization. Each of the members of said commission shall be a citizen of the United States, and of the state of Idaho, and have attained the age eighteen (18) years or older, and be a holder of a current valid resident hunting and/or fishing license of the state of Idaho, and the elected members shall also be bona fide residents of the district from which they are elected as hereinafter set forth. The Idaho Department of Fish and Game shall give notice of an election to be held, subject to the provisions of section 34-106, Idaho Code for the election of commissioners and comply in all respects with Title 34 of the Idaho Code governing elections. The costs incurred by the department for the conduct of the election of commissioners shall be expended from the general fish and game account. The commission members elected shall act and assume full powers and duties beginning the June 30 following the election, as herein provided.

(c) Designation of Districts. For the purpose of this act, the state of Idaho is divided into two (2) districts, which shall be named:

(1) First District which shall be coextensive with the Idaho First Congressional District; and

(2) Second District which shall be coextensive with the Idaho Second Congressional District.

Each of the districts shall, at all times, be represented by two (2) members of the commission, elected from said district by the holders of current valid resident hunting and/or fishing licenses of the state of Idaho who are residents of said district and who have attained the age of eighteen (18) years or older. The five (5) commission seats shall be designated as seats one (1), two (2), three (3), four (4) and five (5). The commissioners elected from the First District shall be elected to commission seats one (1) and three (3). The commissioners elected from the Second District shall be elected to commission seats two (2) and four (4). The commissioner appointed by the Governor shall be appointed to seat five (5).

(d) Terms of Office.

(1) Except as provided in paragraph (2) of this subsection, the members of said commission shall be elected for a term of four (4) years; provided, that in the case of the death or resignation of any commissioner, the governor shall appoint a successor from the same district as the deceased or resigning commissioner for the unexpired term. Except as provided in paragraph (2) of this subsection, the term of each member shall expire on June 30, four years after the date of his election.

(2) The terms of the commission members serving pursuant to this statute prior to this amendment shall expire on June 30 following the effective date of this amendment. For the initial election of commissioners pursuant to this section as hereby amended, the commissioner elected to seat one (1) shall be elected for a term of four (4) years; the commissioner elected to seat two (2) shall be elected for a term of three (3) years; the commissioner elected to seat three (3) shall be elected for a term of two (2) years; and the commissioner elected to seat four (4) shall be elected for a term of one (1) year. The commissioner appointed to seat five (5) shall be appointed for a term of four (4) years.

(e) Oath of Office - Bond. Each commissioner shall, before entering upon his official duties, take and subscribe to the official oath, in writing, as provided by section 59-401, Idaho Code, and said commissioner shall be bonded to the state of Idaho in the time, form, and manner prescribed by chapter 8, title 59, Idaho Code.


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